May v. Thomas
Supreme Court of South Carolina
Before Gage, J., Union, May, 1912. Action by Jeannette Hill May et al. against Margaret S. Thomas et al. The report of the special master, J. G. Hughes, is: “This is the second report made in this case, the first report being dated June 20, 1910, and being on file in the office of the clerk of the Court for this county, which report determined, among other special matters under the order o-f reference, the interests of the various parties to- this action.
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Before Gage, J., Union, May, 1912. Action by Jeannette Hill May et al. against Margaret S. Thomas et al. The report of the special master, J. G. Hughes, is: “This is the second report made in this case, the first report being dated June 20, 1910, and being on file in the office of the clerk of the Court for this county, which report determined, among other special matters under the order o-f reference, the interests of the various parties to- this action. The second and final reference herein I held on the 24th day of January, 1911, and this is a report thereon. “George W. Hill held a life…
1DissentJustice Hydricic
I cannot assent to the proposition that the remaindermen are bound by the lease made by the life tenant. If they are so bound, it is only by virtue of the statute, for it can not be on account of any privity of contract or estate. There is no doubt that the estate of a life tenant terminates with his life. Necessarily, any grant or léase made by him must also terminate upon his death. This being- so, at common law, upon his death, the remainderman was entitled to- immediate possession. This frequently resulted in great inconvenience and hardship where the life tenant died after his…
2Cases cited4 opinions
- Cureton v. South Bound R. R.Supreme Court of South Carolina · 1901
- Guthmann v. ValleryNebraska Supreme Court · 1897
- Hoagland v. CrumIllinois Supreme Court · 1885
- Huff v. LatimerSupreme Court of South Carolina · 1890